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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Subcarrier Communications, Inc. ) File No. EB-07-CF-080
Antenna Structure Registrant )
ASR #1036990 ) NOV No. V20073234006
Phoenix, Maryland )
)
)
NOTICE OF VIOLATION
Released: July 18, 2007
By the District Director, Columbia Field Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Subcarrier Communications, Inc.
("Subcarrier"), registrant of antenna structure #1036990 in Phoenix,
Maryland.
2. On April 30, 2007, agents from the Commission's Columbia Field Office
inspected antenna structure #1036990 located adjacent to Jarrettsville
Pike in Phoenix, Maryland and observed the following violations:
a. 47 C.F.R. S: 17.4(g): "...the Antenna Structure Registration Number
must be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure." During the inspection, no
Antenna Registration Number was visible at the base of the tower.
b. 47 C.F.R. S: 17.23 provides that structures authorized or altered
after January 1, 1996, "must conform to the FAA's painting and
lighting recommendations set forth on the structure's FAA
determination of "no hazard" as referenced in FAA Advisory Circular AC
70/7460-1K, "Obstruction Marking and Lighting...." According to FCC
Antenna Structure Registration records for antenna structure #1036990,
Subcarrier submitted FCC Form 854 on November 9, 2004 (#A0404691)
reporting a change in the overall height of the antenna structure and
a change in the painting and lighting. The new painting and lighting
requirements, which provide that the antenna structure must be lit and
painted in accordance with Chapters 4, 8, and 12 of FAA Advisory
Circular AC70/7460-1K, supersede any previous marking requirements. At
the time of the inspection, agents observed that the antenna structure
was not equipped with any lighting as is required in the
specifications noted above. Although agents noted that the structure
is within 30 meters of another taller tower that is lighted and
marked, Subcarrier must comply with the FAA requirements for antenna
structure #1036990 unless it receives a revised "no hazard"
determination from the FAA. Therefore, in order to come into
compliance with the Commission's rules, Subcarrier must either: (1)
mark and light the tower in accordance with the current FAA lighting
and marking specifications assigned to tower #1036990, or (2) submit a
modified registration using FCC Form 854 after obtaining a new FAA "no
hazard" determination which allows removal of the lighting and/or
marking requirement.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Subcarrier must submit a
written statement concerning this matter within twenty (20) days of
release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective action(s). If
corrective action has not been completed at the time the response is
filed, Subcarrier is directed to notify the FCC in writing when the
antenna structure has been brought into compliance with the
Commission's Rules. The response must be complete in itself and signed
by a principal or officer of Subcarrier, with personal knowledge of
the matter. All replies and documentation sent in response to this
Notice should be marked with the File No. and NOV No. specified above,
and mailed to the following address:
Federal Communications Commission
Columbia Field Office
9200 Farm House Lane
Columbia, Maryland 21046
4. This Notice shall be sent to Subcarrier Communications, Inc. at its
address of record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
James T. Higgins
District Director
Columbia Field Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403
P.L. 93-579, 5 U.S.C. S: 552a (e) (3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission